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Mastering Construction & Engineering Contracts (FIDIC 2017 Red Book)
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Mastering Construction and Engineering Contracts (FIDIC 2017 Redbook) Assessment
Mastering Construction and Engineering Contracts (FIDIC 2017 Redbook) - Assessment
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Please tick the correct answer for each of the below questions or statements:
1. Which of these are required elements of a valid contract in South African law Answer: (Select six)
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Offer and acceptance
Formalities
The price must be reasonable
Terms and conditions must not be unlawful
The agreed performances must be possible
The contract must not have been caused by misrepresentation
The parties must intend the agreement to be enforceable in law
There must be valuable consideration
The parties must have a legal status to enter into a contract
2. Which five of the following are ‘construction’ contract types
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Design by the client and construct by contractor
A Purchase and sale contract
Design-build by contractor
Relational contracts
A works contract
Turney (EPC/T)
An employment contract
EPCM
Cost reimbursable
PPP (Public Private Partnership)
Entire contract
(any 5 for a correct answer)
3. Does the common law supersede the specific terms contained in a contract? Answer:
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Yes
No
4. What is a condition? Answer:
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It is a provision that must be complied with before certain rights can be enforced
It is a payment term
5. Why is a risky to make amendment to standard clauses found in form contracts?Answer:
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1. It may result in ambiguities
2. It renders the contract void
3. It may create unintended consequences
4. Amendments are not allowed
Role of the Engineer
6. What specific qualification must a person have to act as an engineer under 2017 edition of FIDIC? Answer:
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1. He must be qualified as a project manager
2. There are none specified
3. He must be a professional engineer
7. Can an engineer be a company under the 1999 edition of FIDIC? Answer:
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Yes
No
Yes - but it must appoint an actual person to act as engineer on its behalf
8. May the engineer delegate the responsibility to make a determination to someone else? Answer:
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No he may not
Yes, if the contractor agrees
9. What must an engineer, under the 2017 edition of FIDC, issue if he “approves” something? Answer:
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Confirmation of approval in writing
An instruction
A Notice of No-objection
10. What happens if the engineer (in terms of the 2017 edition of FIDIC) does not respond to a revised program within 14 days of having received it from the contractor? Answer:
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A Notice of No-objection is deemed to have been issued
The contractor must resubmit his program
The program is deemed rejected
Claims
11. When, as a general rule, can a contractor claim an extension of time, Cost plus profit in terms of FIDIC? Answer:
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Whenever the contract states that the contract is entitled to any additional Cost
When the event in question is a breach of contract by the Employer or by the employer’s agents
When the event is an Employers risk
Profit can never be claimed
Any of the two are correct
12. What can be claimed due to a neutral event? Answer:
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Only an extension of time
P&G’s and an extension of time
An extension of time and Costs
It depends on the terms of the specific contract
13. What certificate must a contractor have on or before the Completion Date to avoid having to pay delay damages? Answer:
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Completion certificate
Practical completion certificate
Taking over certificate
Performance certificate
Payment certificate
14. What TWO basic types of claims are there in FIDIC (2017) contracts?
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Claims under Sub-Clause 20.1 (a) and (b) by the Contractor or Employer dealt with under Sub-Clause 20.2
Time claims under Sub-Clause 8.5
Weather conditions
Unknown subsurface conditions
Claims under Sub-Clause 20.1 (c) by the Contractor or Employer for any other matter NOT dealt with under Sub-Clause 20.2
Force majeure
15. What must Contractor do to be entitled to a Taking over Certificate? Answer:
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Carry out the Pass any test on Completion required Sub-Clause 7.4 [Testing by the Contractor]
Pass the Tests on Completion under Sub-Clause 9 [Tests on Completion
Apply, on not more than 14 days’ notice, for a Taking over certificate under Sub-clause 10.1 [Taking Over of the Works and Sections]
None of the above, a Taking-Over Certificate is deemed to have been issues.
Dispute Forms
16. What does the acronym ADR stand for? Answer:
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Arbitration Dispute Resolution
Adjudication Dispute Resolution
Alternative Dispute Resolution
Alternative Dispute Resource
17. Can you refer a dispute to the courts if there is an arbitration clause in your contract? Answer:
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No
Yes
Yes if the parties agree
Only if the court agrees to hear the matter
Either are correct
18. When can you issue a provisional sentence summons? Answer:
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When the matter is urgent
When the claim is based on a liquid document such as a payment certificate
When the matter is unopposed
19. Which of the following are NOT of ADR methods? Answer:
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Litigation
Mediation
Business rescue proceedings
Adjudication
Out of court settlement
Arbitration
Either are correct
20. What is the forum called that deals with disputes under the 2017 editions of FIDIC contracts? Answer:
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Expert determination
DAB (Dispute Adjudication Board)
Adjudication
DAAB (Dispute Avoidance and Adjudication Board)
International Chamber of Commerce Arbitration Centre
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